He died when he fell down an incomplete manhole at a construction site in Drumchapel in July 2020. Jenny Dickson wrote an article about the general findings which can be found here.
One of the primary causes of Shea's death was found to be the failure of two principal contractors to effectively co-operate with one another during the course of their handover of the site between them. This brings into question what the duties are when there is to be a change in principal contractor.
What took place between the two principal contractors
Under the Construction, Design and Management Regulations 2015 (CDM 2015), a principal contractor must be appointed for a construction project where there is more than one contractor. The principal contractor has overall responsibility for the construction phase of the project and has certain duties upon it under CDM 2015.
In this particular case, Amey Black & Veatch ("ABV") were initially the principal contractor at the Drumchapel construction site. Their principal contractor duties were temporarily handed over to RJ McLeod (Contractors) Limited (RJM) shortly prior to Shea Ryan's death.
ABV had placed a heavy ballast bag full of building material over an incomplete manhole at the site, to prohibit access to it, but removed this the day prior to the transfer to RJM. Sheriff Reid determined that ABV had not communicated to RJM the existence of the incomplete manhole. They had also failed to advise of other risks or accumulated knowledge of the site, which included previous unauthorised access through the perimeter fencing and the proximity of the site to a playpark. RJM were therefore unaware of the risks associated with the manhole and with unauthorised access through the perimeter fencing.
What communication practices are required by Principal Contractors?
It is not outlined in the determination why there was a temporary transfer of the principal contractor at the site. Generally, it is uncommon to change a principal contractor during a project, however, it is not prohibited and can be required in certain scenarios for example as a result of an insolvency.
CDM 2015 requires a principal contractor to prepare a construction phase plan (CPP) (regulation 12), to ensure that the construction work is carried out, so far as reasonably practicable, without risks to health or safety. The principal contractor must also update and revise the CPP from time to time to take account of the work being conducted and any changes that have occurred.
There is also an obligation on the principal contractor to co-ordinate matters relating to health and safety during the construction works, which includes sharing relevant information with other dutyholders and consulting and engaging with workers (regulation 13).
An event like a temporary transfer of principal contractor would be a point that would trigger a review and possible revision of the CPP for that site, to take account of the changes occurring in the management of the site. There would be an expectation that both the outgoing and incoming principal contractor would respectively pass on and seek out any information that needed to be known to ensure that health and safety risks were controlled.
In Sheriff Reid's determination, a number of the recommendations were addressed to HSE. These included consideration of what guidance HSE had available on matters such as the transfer of control of construction sites between principal contractors and communication and sharing information between contractors. HSE has published its response to these recommendations. They set out that guidance on the areas outlined in the determination is already readily available and there is no intention to revise these. One page highlighted by HSE in its response relevant to communication between contractors is "the Construction Phase Plan: what you need to know as a busy builder".
A failure by a principal contractor to effectively communicate with other contractors and workers on the site, or with an incoming or outgoing principal contractor where that arises, would be highly likely to fall short of complying with the obligations under CDM 2015. Principal contractors should remain diligent to the necessity of communication throughout a project, but particularly at times when events create a change in the working environment. This can include events such as changes in contractors but also reports of risks that have arisen or changes to the works being conducted. This accident and the subsequent findings are a stark reminder of the consequences that can occur when these steps aren’t followed.
